Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18115 of 2016 Arising Out of PS.Case No. -613 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Sonu Kumar S/o Kismat Das R/o village - Ratanpur, P.S. Begusarai Town ( Ratanpur ), Distt. - Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Begusarai Town (Ratanpur) P.S. Case No. 613 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and under Section 27 of the arms Act. Allegedly, Sanjit Kumar the husband of the informant was shot when he has gone to attend the call of nature and after hearing sound of firing the informant and other villagers went there and saw the petitioner and two other co-accused fleeing away. The husband of the informant told in injured condition that Sanni Kumar, shot him.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.18115 of 2016 (3) dt.28-06-2016 2/2 petitioner as alleged is not the assailant, he has got no criminal antecedent, during investigation also it has come that Sunni Kumar shot the deceased and without any fault the petitioner is suffering in custody since 02.11.2015.

The learned A.P.P. submits that the petitioner was also seen along with Sunni Kumar at the time of occurrence. In the facts and circumstances stated above, considering that as alleged the petitioner is not the assailant and as such the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Begusarai, in connection with Begusarai Town (Ratanpur) P.S. Case No. 613 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Siddharth/KhusbuU T